An occupational health medical file, compiled by the occupational physician or, where applicable, one of the health professionals mentioned in the first paragraph of I of article L. 4624-1, records, in compliance with medical confidentiality, information relating to the worker’s state of health, the exposures to which he/she has been subjected as well as the occupational physician’s opinions and proposals, in particular those formulated in application of articles L. 4624-3 and L. 4624-4. In the event of a risk to public health or at his request, the occupational health physician will forward it to the occupational health inspector. The worker, or in the event of his death any person authorised by articles L. 1110-4 and L. 1111-7 of the Public Health Code, may request access to this file.
For each holder, the identifier of the occupational health medical record is the health identifier mentioned in article L. 1111-8-1 of the same code, when he has such an identifier.
The occupational health medical record is accessible to the corresponding medical practitioner and to the health professionals responsible for monitoring a person’s state of health under the authority of the occupational health doctor, in application of the first paragraph of I of Article L. 4624-1 of this Code, unless the person concerned objects.
The occupational health physician or, where applicable, one of the health professionals mentioned in the same first paragraph, enters in the occupational health medical file all the data on the worker’s exposure to one or more occupational risk factors mentioned in article L. 4161-1 or any other data on exposure to an occupational risk which he considers likely to affect the worker’s state of health. For the collection of this data, the occupational physician or health professional takes into account the workstation studies, the safety data sheets provided by the employer, the single occupational risk assessment document mentioned in article L. 4121-3-1 and the company file. The information relating to these exposures is confidential and may not be communicated to an employer from whom the worker is seeking employment.
When the worker is covered by several occupational health and prevention services or ceases to be covered by one of these services, his occupational health medical file is accessible to the service responsible for ensuring continuity of monitoring, unless the worker refuses.
A decree in the Conseil d’Etat, issued after consultation with the Commission nationale de l’informatique et des libertés, will set out the procedures for implementing this article.